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EXPLAINING THEIM REASONS 

THE REPORT OF THE JOINT COMMITTEE 
ON FEDER4L RELATIONS, 



ON THE 



AIMI^S^BMISMT 



OF THE 



CONSTITUTIONAIi OATH OF OFFICE 



WITH 



ACCOMPANYING DOCUMENTS. 



PRINTED AT THE HiyE, OFFICE. 

COLOMBIA, S. C. DECEMBER 16, 188.4. 



FZ7 3 



TO THK PEOFIiE OF SOUTH CAROIilNA. 

We the minority of the Senate and House of Representatives, feel 
it a duty we owe to ourselves, to our constitutents and tlie country 
at large, to state the course we have persued, during; the prcsei;t ses- 
sion of the Legislature, in relation to the all ahsorbing questions, 
which have heen before it, and the j)rinciples on which we have act- 
ed in accepting the terms of accommodation, which we hope and believe 
will restore harmony to our community. 

VVlien the legislature had been in session a few days, tlie bill to 
amend the constitution of the State, which in the last legislature had 
been proposed by a constitutional majority, was pressed to a hasty 
reading, with the understanding, that two thirds of the whole repre- 
sentation in both branches would pass it. At the same time a bill 
was introduced to define treason, and notice was also given, that leave 
would be asked to bring in a bill to an. end the Judiciary system of the 
State. These measures led to the conviction on our minds, t!)at the 
majority were determined, not only to pass the amendment of the 
Constitution requiring an oath of allegiance to the State, bu! to give it 
a construction, which we regarded as violating the (constitution of 
the United States ; and to enforce that construction, witliout leaving 
us any of the ordinary peaceable means of resistance. When there- 
fore, the amendment was finally passed in pur iespecti\e houses, sve 
gave notice, that we should enter on the journals our solemn protest 
against it. But before it became nece:-sary to do so, a report was 
made by the joint committ' e of both houses on federal relations, on 
sundry petitions and menorials of citizens from various paits of the 
State, against the liew oath of office, in which it was distinctly declar- 
ed by the said committee, that '■'the alles^iance required by the amend- 
" nient^ is that allegiance^ which every citizen owes to the State con- 
" sistently ivilh the Constitution of the United States^ When that 
report was taken up, it was adopted, in both houses, by large majori- 
ties of those, who supported the amendment of the constitution. This 
we regarded as an offer of reconciliation, and a pledge that the bills 
defining treason and to amend the judiciary were not intended to be 
passed: and to shew our confidence, that this was the course intend- 
ed to be persued by the majority, we immediately withdrew our notice 
of protest, and waited events. These have not disappointed our ex- 
pectations. The bills to define treason and to alter the judiciary have 
not been pressed to a second reading, nor passed. 

We have therefore, decided (or ourselves, and recommend you, 
to withdraw all objections to the new oath of office, now incorporated 
in the constitution according to the forms of our government, by 



/// 






-> which, while we shall pledge ourselves ''to be failhlul and (rue alle- 
*( giance bear to the State," wo shall also swear, '7o the best of our 
j ^^ abilities, to preserve, protect, and defend the Constitution of the 
I *' United States.'' 

A It is, fellow citiz"ns, under these circumstarees, and with these 
r^ views, that we have acccj)ted llie terms of acconiniodalion, in the same 
spirit of kindness, and witli the same anxious desire to restore har- 
^ niony to our distracted State, with which we believe thej have been 
#^ tendered. We ask not of the majority to surrender any opinions, 
* which they conscientiously hold, nor on our part do we intend to sur- 
render ours. VV^e consider this effort at conciliation, thus happily sue- 
cesful,as webeleivethe majority regard it, to be the understanding be- 
tween the two great political parties of the State, that the new oath of 
allegiance shall receive that construclion, which is consistent with 
the Constitution of the United States. For ourselves we accej)t it, in 
the full confidence, that it means no more tiian that we will be faithful 
to the State in performing all her constitutional requisitions and will 
bear her, "true allegiance" to the full extent of all her reserved rights 
and sovereign powers, and that this is not inconsistent with the obli- 
gations we owe, and the allegiance we bear to the United States to 
the full extent of all tiie powers conferred by the federal constitution. 
And we do not deem it inconsistent with the good faith, with v.hich we 
have accepted this accommodation, and intend to maintain it, to de- 
clare, that while we are swearing to be faithful to the State, we 
intend "to support the Constitution and Laws of the United States, 
"made in pursuance thereof, as the supreme law of the land." 

SENATORS. 

JAMES CMESNUT, From Kershaw, 

KASHA CANNON, " Darlington, 

BANNISTER STONE, " Greenville, 

11 E N R Y D U R A N T, " Homj, 

J A M ES R. E K Y 1 N, " Chesterfield, 

JOSEPIT ROGER, Jun. " St. George, Dorchcstc; , 

THOMAS POOLE, " Spartanburg, 

ROBT. D. MONTGOMERY, " Lancaster, 

JOHN P. RICHARDSON, " Clarendon, 

PAUL WESTON, " Christ Ckurrh, 

DAVID D. WILSON, " Williamsburg, 

JOHN N. DAVLS, " St. James\ Gonsc Creek, 

RE PRE SENT A TIVES. 
BENJAMLN MASSEY, ) . . „• , . , 

JOHN MONTGOMERY, ) Lancaster iJistrict. 

W. J. BUFORD, Williamsburg District. 

JOHN CRAWFORD, ) 

JI. H. THOMSON, t 

THERON EARLE, J? Sj)artanbnrg District. 

S. L. WESTMC RELAND, 1 

ANDREW BARRY, ] 

J. W. PICKET Horry District. 



WILSON GOBB, 

MICAJAH BERRY, \ Greenville Disirkt. 



,,! 



JOHN H.HARRISON, 

M. M. LEVY, ^ 

JOS. CUNNINGHAM, '> Kershaw District. 

E. MAYHEW, j 

DAVID S.T. DUBOSE, ) „, , r»- . , 

WILLIAM R. BURGES, j ^^^'-'^don District. 

JOHN L. STROHECKER, St. James, Goose Creek, 
DAVID GAVIN, St. George, Dorchester. 

JOHN MIDDLETON, ) Chester fee Id District 

JOHN N. WILLIAMS, T „ , , »• , • . 
ROBERT ERVIN, f Darhnsttn BtitrtU. 

WILLIAM C. BEATTY, 1 

JAMES M. LOVE, |^ ,v , ,.•,., 

THOMAS WILLIAMS, Jr. f i"?/^ ^^"^/"ic^ 

GORDAN MOORE, j 

J. M. RIGHTON, Christ Church Farhh. 



Oath of office required by the Constitution ofl'i'-JO. 
1, All persons wliu shall be cliusen or appointed to ;inj officii ot profit or 
trust, before cnterinjr on tlie execution thereof, shiill ttiko the followina oath : 
"I do swear (or affirm) that I am duly qualified, according to iho Constitution 
of this Stale, to exercise the office to which I have been appointed, and will, 
to the best of my abilities, discharge tlie duties theieof, and pres -rve, protect, 
and defend the Constitution of this State, and of the onued Siuu;*." 



Ordinance of the Convention of the State passed in 1833. 
We do further Ordain and declare, that the allegiance of tlie citizens of 
this State, while, they continue such, is due to the said Stale; and that obedi- 
ence only, and not allegiance, is due by them to any other power or authority, 
to whom a control over them has been, or may be delegated by the State: and 
the General Assembly of the said State is hereby enipowered, from lime to 
time, when they may deem it proper, to provide for the administration to the 
citizens «nd officers of the State, or such of the said officers as they may think 
fit, of suitable oaths or affirmations, binding them to the observance of such 
allegiance, ;and abjuring ail otker allegiance; and, also, to define what shall 
amoiini to a violaion oiiiieir allegiance, and to provide the projier punishment 
for such violation. 



Amendment of the Oath of office passed the present session of the Legislature. 
Every person who shall be chosen oijappointed to any office of [)iofit or trust, 
before entering on the execution thereof, shall take the following oath "I do 
solemnly swear (or afliim) that I will be faithful and true allegiance bear to the 
State ol South Carolina so long as I may continue a citizen theieof: and that 
I am duly qualified, according to the Constitution of this state, to exer- 
cise the oflice to which I have been appointed; and that I will, to the best of 
my abilities discharge the duties thereof, and preserve, protect, and defend the 
Constitution of this State and of the United States. So help me GocJ." 



X'Ac iiU introduced into tHe Mause of Reprtst^tui'mes^ d~efi^ti2jg tjeusvu-. 
A BILL TO DEFINE AND PUNISH TREASON. 

Section 1. Be it enacted by the Senate and Honst- of Representatives now 
met and sitting in general assembly and by tiie aiitlioiity of the same, That il' 
a man do levy war against this State in tlie same, or be adherent to the ene- 
mies of the Stat<» vv'ithin the same, giving to tliem aid and comfort in tlie State 
or elsewhere, and theieof bo legally convicted of open deed by the evidence 
of two sufficient and lawful witnesses, or their own voluntary confession, the 
cases above rehearsed shall be judged treason, which extendeth to this Siate; 
and the person so convicted, shall sudei death without benefit of CIcigy. 

Section 2. Also every person or persons who sh-dl erect or establish, uv 
cause or procure to be erected or established, any Government sejiaraie from, 
«r independent of the Government of the State of South Caiolina within tli« 
limits thereof, unless by act of the Legislature of this State for that purpose 
first obtained ; or who shall in any such usurped Government hold or execute 
any office, legislative, ex cutive, judiciary or ministerial, by uliaievcr name 
such office may be distinguished or called ; or wh.o shall swear or otlierwise 
solemnly profess allegiance or fidelity to the same ; or who siiall umier [)!etext 
of authority derived fron), or protection afforded by such usurped Govern- 
ment, resist or oppose the due rxerution of the laws of iliis State, shall be 
adjudged guilty of high treason, arul shall be prooieded against and punished 
in the same manner as in the first clause of this Bill is provided. 

Section 3. Every person who shall attempt to establish siuh governnieiit 
by any other means than with the assent of the Legislature of this State, and 
in pursuance of such attempts, shall join with an\ other person or persons, iu 
any overt act for promoting such attempts, or who shall by writing or 
advised speaking, endeavor to instigate the peo|)le of this Siate to erect or 
establish such eovernment without such assent as aforesaid, shall be adjudged 
guilty oi a high crime and misdemeanor; and on conviction, shall be subject to 
such pains and penalties, not extending to life or niRmber, as the Court be- 
fore wiiom the conviction shall be, shall adjudge. 



Jl Bill to abolish the present Judieiary Si/sttm of this State Sf to re-orgam^e the same. 

Be it enacted by the Senate ani! Hiiuse o- R(!presentative<; now met and 
sitting in General Assembly, and by the authority of the same. That from and 
after the passing of this act, the Court of Appeals for the C»urts of Law and 
Equity, and also the circuit Courts both oi Law and Equity, as aow establish- 
ed by Law, be and the same are hereby abolished. 

And be it further enacted by the authority aforesaid. That the Sf^nafe and 
House of Representatives shall forlhwith proceed to elect, by joint ballot, six 
circuit Judges, who are heieby invesit;d with all the powers nnd are re«|uired to 
perform all the duties which now appertain to the cii'cuit Judges b t'' of Law and 
of Equity; and the said Judges are hereby also invested with such appellate 
Jurisdiction, when sitting as a Court of Appeals according to the provisions 
of this act, as is now possessed and exercised by the present Court of Appeals. 

And be it fuilher enacted by the authority aforesaid. That this State shall 
be divided into six circuits, which shall be circuits ot boili Law and Equity ac 
cording to the ariangement hereinafter provided. 

And be it further enacted by the authority aforesiad. That the said Judges 
shall ride the circuits by rotation, and shall hold two Courts in each year in 
each Judicial District; and the cases in Law shall first be tiied, and next tive 
cases in Chancery, according to the modes of practice and rnlesef proceeding 
now offeree in each Court respectively. 



(9 

AiiJ Uo ii iiii liini" eiiucled by llie aiiilioiiiy uluiesaicl, tlial in llie iulervals ol' 
tlie ciiciiits, llie s:ii(J Judges sliall, ;ii such limes as lliey sluill appoint, meet 
4wioe a year in Columbia and twice a year in Cliarleslon, a majority of whom 
&hall constitute a quorum, to hear and determine appeals from the circuits; and 
thev shall exercise appellate Jurisdiction in all cases brought up fron) the cir- 
<'iiii Courts, both in L;;\v and L.cjuiiy, in the sanif! manner and with the same 
powci and authority, in all respects whatsoever, as is now exercised by the 
pr<'sent Court of Appeals. 

And be it further enacted by the auihority aforesaid, thit the First circuit 
shall consist of the courts of — to be h< Id at the following petiods, namely — 

The second circuit shall consist of tiie courts of to be lie'd at the 

feliowing ptiiods, namely • 

The third circuit shall eonsisl of tho conrls of ' to be held at the 

fylh)Tving periods, naniely 

The fouHh circuit sliall consist of the courts of to be held at tho 

fo'lowing periods, namely 

The fifth fiicuit shdi consist of ilie courts of to be held at the fol- 
lowing [)eriods, namely 

The sixth circuit shall consist of the conits of to be lield at the fol- 
lowing periods, namely 



And be it fuilher enacted by the aiilhorily aforesaid, that such parts of the 
act entillevi "an act to amend the Judiciary System uf this Slate" passed on 
the seventeenth day of December, one thousand eight hundred and twenty- 
four, and such parts of all other acts as are inconsistent with this act, be and 
the same are hereby repealed. 

The Rtport of ihe Jo'iiil Cominitfcc an Federal liclatiotis. 

The Joint Committee on Federal Ridaiions, to which was referred the 
inemori;\ls of sundry citizens of the Disiricts of Charleston, St. Luke's Parish, 
Orange Parish, Prince George VVioyaw, St. George's Dorchester, Hdgefield, 
Greenville, Union, Abbeville, Pendleton, Kershaw, Lancaster, Yoi k and 
Spanlanbuig, and the Parish of Christ Church, remonstrating against the pas- 
sa<>e of the amendment of the 4th article of the Constitution of this State bog 
Jeaveto K IMPORT: 

That they feel that under a Governnit-nt like ours not only every real 
grievance ef the citizen should meet with prompt redress on the part of the 
Legislature, but that even imaginary grievances, coining from a portion of 
ourfello.'- citi/. lis, siioidd obtain its respectful consideraiion. 

DivesM (1 ol all extrinsic considerations, the niemorialils complain that the 
<i.uh provided for in tho amendment of the 4th article of the Constitution of 
tins Slate, to be hereafter taken by every person holding office under its 
authority, is designed by a majority of the people of South Carolina, to im- 
jiose on the Memorialists obligations to the Stale inconsistent with those 
which tliey owe to the Constitution of the United States. This opinion your 
Committee considers altogether groundles-;. Tlsey have no hesitation in af- 
firming the belief that the said oath was passed upon and adopted by the 
people of South Carolina without the most remote intention of interfering 
with those obligations, a belief which is concurrent with the conviction of 
your Committee as to the true interpretation of the oath itself, for whilst the 
oath asserts and maintains the sovereignty of South Carolina, it expressly pro- 
vides for the support of the Constilutiort of the United States, and conse- 
quently ef all those obligiitions which the citizens of South Carolina owe to a 



coiiij)tict which shf solctimiy made vrith lipr sisifi S''ntjjs. To sJijiUDse tlsat 
die [jeciple of South Carolina, in cnprading tiiis oalli on ilieir Conslitntioii, in- 
tpmlod to iniposo Hny oliligalions «n lirr citizens incompatibh- willi tlirir duties 
under the Federal Constitution, whilst in the same oaih thov iT«|uir« tiioj© 
who hold offirn nnder hor auliioritj, to sTvpar '■Ho preserve, protect, and defend 
the Constitution of the U, States,^^ would he to suppose iliat the State was 
capable of requiring her citizens to incur the crime of peijury, by assuming 
contradictory (djligaiions. We trust that the Memorialists would not exfieet 
us 10 repel such an imputation, if it were possible, self-respect o« the part •f 
t'le LeeiUaiure, and a deep reverence for the authority of the j eople, woidt! 
prevent it. 

It appears, however, that the Memorialists further complain " that if the 
" oath is to be construed as we are instructed by vccy high judicial authority, 
"it ought in good faith to be in n^fr^tence to the language of the Ordiiianct3 
"of 1833, it clearly deprives us of the riglst of judging for ourselves upon llio 
" matters in dispute, bet\veen ourselves and our fellow citizens." Yoijr Com- 
mittee sn|)pose the judicial auih.ority here alluded to, must be that of the 
judge of the Court of Appeals, who delivered a dissenting opinion. How the 
Memorialists can deduce any abridgement of their right of jud^'ment from the 
opinion in question, your Committee are at a loss to conceive since it de- 
clares in teruis as explicit as can be used, tliat the Oath im[)lies no compul- 
sory conformity of opinion, but provides alone for fidelity of conduct, on the 
{)art of an officer of the State, whilst he continues in otTice. 

With these views, and as it is Ix lieved by your Comndttee, with an under- 
slanding between citizens of deservd influence and estimation, both of the ma- 
jority and minority of the Convention of the people of South Carolina, which 
assembled at this place on the llih of March, 1833, the majority agreed to 
pietermit the imposition of an Oath of Allegiance by their own authoiitv, 
that it m/ght go before the people as an original proposition for amendin» the 
Cons;itution in the ordinary niode of the exercise of this sovereign fiincUon, 
that the sense of the [)eople might be taken with all possible gravity and do 
liberation on the high matters in dispute; and as some of those thus represen- 
ting the minoiity, expressly proposed such an appeal as a pacific arbitration 
of the controversy, justifying the confident expectation that their best offices 
will now be exerted to obtain a general acquiescence in the decision which 
micht thus be f)ronounced, your Committee would hope, as this award 
has been finally rendered, and as the allegiance required htj the oath of office 
in the proposed amendment of the Constitution is the Alleginncc which ' rrru 
citizen oil} cs to the State, consistently with the Constitution of the U. States 
that public tranquility and fraternal concord may bo restored anioi? the gooel 
people of our beloved State. 

D. J. M'CORD, 
Chairman of the Committee on the part of the House. 

HOUSE OF REPRESENTATIVES. 

Tuesday December 9. 
Mr. McCord called up the report of the committee on Fedei al Relations Ofi 
the memorials and pt Quests, from sundry citizens of several districts and par- 
ishes in the State; wl ich was among the orders of the day. Mr. Lancaster 
moved to amend the renort by inserting the following, at the close of the se- 
cond paragraph, to wii: "Bnt whilst we maintain the D08!li<»n, that the oath 
of allegiance does not in anywise impair the obligations which the cifiV,erre cTf 



Sa.ul. raro'-uia o^'«totbe Fedeml Oov«rn.ueut; we vvQuld at the sauie time, 
w I, obe distincUy understoo.!, as hol<li.s..that the Stale, .n her Sove,^.gr, 
llZlux h« .he «iclusiro right to determine what those obhgal.ons are ■ 

yl^Tb.'m'read by the Speaker, Mr. McCord moved .t be la.d on the table. 
On ,his n odon, th/je-s aid nays being demanded, they were taken nnd are, 
y.a^|6 na^s32 ^^^^^^ Axson Arnold Barton Barry, 

B rrv RpI.t B ack Boyce, Bovd, Bookter, B.oyles. Brooks, A. Burl^ Butler, 
5 vVl B Jhan'. Se^ • ^'-^""' C.ughn.an. Cohen. Cobb, Co cock, 
f^'. :;f C n .'l.u^^^^^^^^ l)->i^i'^" Davie Davis Dubose, La.le, 

^^^-^^^^ 
SiSm-=^ 

Wv,lk..r Ward WiL'tal!, Westmoreland, J. N. VVdh..ms. 
^^N AYS -Adams Ancrnm, Booz.r, F. Bnrt, Caldwell, Colv.n. Dogan, J. 
n FdlJ-'dl Gamble Glove , Goode, Greaves, Jones, Kern, Laurens, Lan- 
D. Edvva.ds, '^''J"'^ •; ^'' ' » (..^,1 M^rdouph. Pea.son. Rembert, Shel- 

^.:'';:;: •::l^:c:.^:;!t Z^:^::^o'^e report, tl. yea. and nay. were 
'^•^i^ts'^V N7bl";eaL!^?Xik^^^ Axson, Arnold. Barton. Barry. Berry. 

Gnurd<n, T L Gourd nuiav , l jh, Love, Mayhew. Massey. 

I,.by, Lafrme, ^^^^ "'^; ,^?y^VeT^ Mr gomerv, Moore, Mintzing, Myers, 
]yi.,ckay, !\ ays M Cord, M.dd eton M^ g^ Riohton, R -ynolds. Roberds, 
Northrop. riHll.ps P.ckeit, P'^^'^ney, t-orcne ' .J^ Thomson. Tom- 

^:::^"D"'I!^^.^r;'^|':^•f^rdfw^ 

J. N. Williams T.Williams Jr. ^^ ^.^^,^,^^ 

NAYS -Adams, Ancrum F ^u , C^'^w^'^ ^^^^ Lancaster. Lyles, 
S!:;:::il,^SllSX;.h:^arrkandfn, Rembert. Shendan. She,- 
"'"pV; \v,rd;aw Waison, VVIiilmorf, Hates, Young. ^ 

'" On moiion of m": M'Cord. Mr. Mye,. had leave to record h,.vote ■» fa- 
vol- of llio adoption of the report. 

IN SENATE. 
On ,l,e question ol agreeing to the above report of the Jornt Coo..».Uee an 

'^t;".^'*ttrDr P?e^e«;llst::.Vh7Black. Bryan, Cannon. C 

TEAS-H«nryDeas,l'.es,aen Fickling, Framplon, Gregj, 

pers. Chesnu. D""'' » S"^' ?,':■' '^^ \„uU Kofi,, Lawton, Mar,in, 

So;:;^„,^::'p:ners"orP ";, R,SUicl.ardson, Sltgreave. Stone. WalRe^ 



3^77-251 
I,ot-38 



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